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CVPM Exam By Book > *Laws & Ethics > Flashcards

*Laws & Ethics Flashcards

1
Q

What system has had the biggest impact on American law?

A

English common law system

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2
Q

True or false the English common law relies solely on statutory law

A

False

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3
Q

What kind of law is derived from judicial decisions and interpretations?

A

Case law

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4
Q

What is stare decisis?

A

Legal principle that means decisions made in prior cases are to be followed in current cases, and will be followed in future cases when the same facts exist

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5
Q

Define ethics

A

Rules established by professional organizations or other groups to influence the actions of the group

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6
Q

Can ethical guidelines the enforced in a court of law?

A

No

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7
Q

Define criminal law vs civil law

A

Criminal = individual vs society

Civil = individual vs individual

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8
Q

What are the two major subdivisions of civil law?

A

Contract law and tort law

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9
Q

Define contract law vs tort law

A

Contract = pertaining to a contracted duties

Tort = pertaining to lawful duties

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10
Q

If damage is inflicted on a person by another person, what kind of law allows the victim to sue?

A

Tort

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11
Q

Define substantive law vs procedural law

A

Substantive = a set of duties which a person must follow in today’s society

Procedural = rules for conducting a lawsuit

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12
Q

What kind of procedural law most often causes problems for attorneys?

A

Statutes of limitation

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13
Q

What is another word for unwritten law and what does it mean?

A

Common law

Interpretation by the court system of written law

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14
Q

A veterinarian breaches contract. The judge requires the defendant the complete their contract. Is this a remedy in law or remedy in equity?

A

Equity

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15
Q

What is original Al jurisdiction vs appellate jurisdiction?

A

Original = hears a case when it’s first brought to court

Appellate = reviews cases for errors

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16
Q

True or false: appellate courts will rehear evidence. Explain.

A

False - they only review transcripts

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17
Q

What’s the difference between the English system and continental system of justice?

A

English - lawyers can both as questions
Continental - judge asks questions

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18
Q

What kind of attorney specialization is ideal for business?

A

Commercial or trade law

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19
Q

Term for: procedure for delivering summons

A

Service of process

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20
Q

Misdemeanor vs felony:

A

Misdemeanor : punishable by fine or jail less than 1 year

Felony : punishable by death or jail greater than 1 year

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21
Q

Term for: formal written accusation issued by grand jury charging a person

A

Indictment

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22
Q

Why does a grand jury indictment usually not include a preliminary hearing?

A

Constitutes a finding of probably cause

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23
Q

What are the plea options?

A

Guilty
Not guilty
Not guilty by reason of insanity
No contest

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24
Q

What is the moral/ethical burden veterinary professionals carry that human physicians don’t?

A

The moral obligation that humans have towards animals and how that weighs against the obligations towards humans when they conflict

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25
Q

What is the best way to avoid habitual blindness?

A

Dialogue

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26
Q

What are the requirements of the good Samaritan act?

A

Emergency care must be provided at the scene of the emergency and liability occurs only in gross negligence

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27
Q

For a long time, it was difficult for the state board of examiners to issues disciplinary action when the practice act was violated… why?

A

The only discipline they could use was suspension or revocation of a license which didn’t always fit the offense

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28
Q

why would a practice exercise its lien right but switch to coverage under the state’s abandoned animal law?

A

lien right doesn’t allow euthanasia if no home can be found

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29
Q

pertaining to animal cruelty laws, define “overdrive” vs “intentional cruelty”

A

overdrive - abuse or neglect without knowledge or intent

intentional cruelty - abuse or neglect with knowledge or intent

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30
Q

Term for: delivery of something of a personal nature, by one party to another to be held, according to the purpose or object of the delivery, and to be returned, or delivered over when the purpose is accomplished

A

Bailment

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31
Q

Term for: delivery of something of a personal nature, by one party to another to be held, according to the purpose or object of the delivery, and to be returned, or delivered over when the purpose is accomplished

A

Bailment

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32
Q

What are the two major obstacles that have prevented wide spread use of the peer review process?

A

Concern of committee members about personal liability

Confidentiality of committee findings from a court room

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33
Q

What source insures 65-80% of all practicing DVMs?

A

AVMA professional liability insurance trust

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34
Q

Where is the greatest share of liability and why?

A

Equine practice due to human injury

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35
Q

The law of malpractice is an extension of the law of ____

A

Negligence

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36
Q

Of all the types of legal actions in tort law, DVMs are most likely to incur some degree of professional liability from the law of ___

A

Negligence

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37
Q

Undercurrent law, a veterinarian’s greatest risk for liability involves…

A

An injury to a client

38
Q

Term for: reasonably close causal connection existing between defendant’s conduct and resulting injury

A

Doctrine of proximate cause

39
Q

What four things does the law of negligence require to exist?

A

Defendant had duty to prevent injury

Defendant violated duty

Doctrine of proximate cause

Proof of actual damage

40
Q

What are the three types of damages that can be awarded in a negligence case? Define them.

A

Nominal - $1 award because insufficient proof that actual monetary damage occurred

Compensatory - legal system does best to restore plaintiff to position before wrong doing occurred

Special - mostly applied to loss of animal cases, paid fair market value

41
Q

define: res ipsa loquitur

A

legal theory that the fact that an accident happened indicates negligence, “it speaks for itself”

42
Q

Give an example of contributory negligence

A

When the plaintiff claims negligence on the DVM but is negligent themselves, such as not returning for a recheck exam in a timely manner or not given meds as prescribed

43
Q

Define: the comparative negligence standard

A

If contributory negligence is deemed true, the portion of negligence is measured in percentages to divvy up the damages paid

44
Q

Term for: doctrine that allows plaintiff to be barred from recovering if defendant is able to prove that they voluntarily encountered a known risk

A

Assumption of the risk

45
Q

T/F: if a DVM who is a member of a board is practicing medicine at a board-sponsored event, and a client claimed liability, professional liability insurance will cover them

A

False, it does not cover the legal actions arising from a board members activities as a DVM

46
Q

What kind of insurance covers injuries to clients that are not related to the practice of vet med?

A

Comprehensive general liability insurance

47
Q

What kind of insurance covers a DVMs negligence if a client’s animal dies, is lost, or injured while in custody the vet?

A

Bailment coverage

48
Q

What is the most common legal theory employed in counter suits?

A

Malicious prosecution

49
Q

If the following elements are proven, what theory is true?

• termination of a malpractice action in the defendants favor
• lack of probably cause in a malpractice action
• malice in initiating the malpractice suit
• damages

A

Malicious prosecution

50
Q

If the following are proven, what legal theory is true?

• patients made improper or unauthorized use of legal process
• malpractice plaintiffs had ulterior motives
• doctors have incurred damages resulting from abuse of the process

A

Abuse of process

51
Q

Which is more likely, malicious prosecution or abuse of process, and why?

A

Abuse of process because no need to prove lack of probable cause

52
Q

Define libel vs slander

A

Libel = written word that negatively affects someone’s reputation
Slander = verbal word that negatively affects someone’s reputation

53
Q

What is the Sherman antitrust act?

A

No fixed pricing among businesses

54
Q

Since it serves individual and societal interests in assuring informed and reliable decision making, commercial speech is entitled to ___ protection.

A

First amendment

55
Q

What are the three objective elements of contract law?

A

Offer

Acceptance

Consideration

56
Q

The ___ was created during the 1960s to make consumer transactions involving the sake of good labor consistent among states

A

Uniform Commercial Code

57
Q

If the predominant effort is the sale of goods, the ___ applies

If predominant effort is the rendering of services then ___ applies

A

UCC

contract law

58
Q

Define; express acceptance and express contract

A

When someone verbally says they accept an offer

59
Q

Term for: contract written exclusively by one party and presented to the other party, under circumstances in which there is no realistic opportunity to negotiate

A

Adhesion contract

60
Q

What’s an example of the preexisting duty rule?

A

Client owes $200 and hasn’t been paying
Doctor says they’ll accept $100 and call it good
Client technically still owes $100 and doctor could still sue

61
Q

Term for: when a verbal agreement is made and one party take major action based on the agreement, then the other party backs out

A

Promissory estoppel

62
Q

What are the three scenarios where a valid contract would come into question?

A

With a minor, mentally disabled, or intoxicated

63
Q

Term for: when two parties have a written contract and a clause stating it’s the entirety of the agreement, any oral testimony to alter the agreement is not permitted

A

Parol evidence

64
Q

Define: liquidated damages

A

Predetermined damages to be paid when there’s a breach of contract

Such as… dvm gets an employment bonus and must stay with the company for two years or pay back the bonus

65
Q

Define: restitution

A

If one party gains from breaching contract, this requires them to give up their unfair gains

66
Q

What scope of drugs do each of the following agencies regulate?

USDA
DEA
EPA
FDA

A

USDA - biologicals
DEA - controlled substances
EPA - rodent/insecticides, germicides
FDA - everything else

67
Q

What code gives the FDA CVM the authority to govern the manufacture, distribution, and use of veterinary drugs?

A

FD&C Act

68
Q

T/F: if the entire manufacture and selling of a drug happens in one state, it does not have to be FDA approved

A

True

69
Q

How long is a drug patent good for?

A

17 years

70
Q

What is legally required to be presented for an FDA inspection?

A

Notice of inspection

71
Q

What law requires that prescription drugs and certain nonprescription drugs be dispensed in containers with safety caps?

A

Poison prevention packaging act

72
Q

What law originally established control over veterinary biologicals?

A

Virus serum toxin act of 1913

73
Q

What federal law regulates the manufacture, distribution dispensing and delivery of certain drugs or substances, they have the potential for abuse or physical, or psychological dependence, and have been classified as controlled substances?

A

Comprehensive drug abuse prevention and control act

74
Q

What are the different classifications of controlled substances?

A

Schedule 1 = high abuse, no medical use
Schedule 2 = high abuse, medical use
Schedule 3 = medium abuse, medical use
Schedule 4 and 5 = low abuse, medical use

75
Q

What form is used for surrendering controlled drugs?

A

Dea form 41

76
Q

What form is used when ordering schedule 2 controlled substances?

A

Dea form 222

77
Q

What form should be filled out if any controlled substances are stolen or lost?

A

Dea form 106

78
Q

Direct vs hearsay evidence:

A

Direct: information witnessed
Hearsay: “through the grapevine”

79
Q

Term for: statement by the plaintiffs counsel, comprising the plaintiffs grounds for the lawsuit, any demand for compensation

A

Pleadings

80
Q

If a small animal practice does not maintain in accounts receivable equal to ___% of one months, gross income they will not expand as rapidly or dramatically as they could otherwise

A

25

81
Q

Sales credit vs loan credit

A

Sales = consumer purchases goods from a seller who supplies the product and permits the consumer to pay for the future

Loan = consumer borrows money from a bank to pay for services

82
Q

What is the most common reason for a default judgment?

A

Failure to appear

83
Q

Term for: statutory procedure, they authorizes the taking of the legal custody of real estate in personal property, owned by defendants, and in their possession and Control, for the purpose of affording plaintiffs security for any judgments they may be awarded at trial

I.e. putting lien on a house

A

Attachments

84
Q

Define: writ of execution

A

A court order to the Sheriff to see the property of a debtor, sell it at public auction and turn over the proceeds to the creditor

85
Q

What is the three prong test in regards to computer generated information in a court case?

A
  1. Witness is knowledgeable in software
  2. Software entry was timely to event
  3. Software is recognized
86
Q

T/F: veterinarians have the right to withhold incriminating information for the sake of confidentiality

A

False

87
Q

What was the first international agreement the United States participated in in regards to wildlife law?

A

Protection if migratory birds

88
Q

What was the first federal legislation concerning wildlife that Congress passed?

A

The Lacey act

89
Q

What is the purpose of the Lacey act?

A

Conserve wildlife through regulation of trade

90
Q

What law authorize the federal government to develop a list of species, threatened with worldwide extension, and to prohibit import of the species into United States?

A

Endangered species act

91
Q

What law protects marine mammals from extinction?

A

Marine mammal protection act

CVPM Exam By Book (10 decks)

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